V Visa for Spouses and Children of Green Card Holders

1. What is a V visa?


A V visa is a nonimmigrant visa allowing foreign nationals with approved petitions to temporarily enter the United States to reunite with their family who are US citizens or lawful permanent residents. The V visa allows the family member to wait in the US for an immigrant visa to become available.

2. Who is eligible for a V visa?


The V visa is for family members of lawful permanent residents (LPRs) of the United States who are waiting for an immigrant visa. To be eligible for a V visa, the applicant must be the spouse or unmarried child (under 21 years of age) of an LPR and must have been waiting for an immigrant visa for three or more years.

3. How does a V visa benefit spouses and children of green card holders?


A V visa allows spouses and children of green card holders to legally stay in the United States while their green card applications are pending. This visa prevents spouses and children from having to leave the country and be separated from their green card holder family members while they wait for their application to be approved. Additionally, this visa allows them to legally work in the United States, which can help to provide financial stability for their family.

4. What documents are required to apply for a V visa?


In order to apply for a V visa, you will need to have an invitation from a Chinese entity, along with a valid passport, as well as other documents such as a proof of financial stability and proof of residence. You will also need to submit a completed application form, two passport-style photos, and any other relevant documents as required by the Chinese Embassy or Consulate. Depending on the visa type and your purpose of travel, additional documents may be necessary.

5. What are the eligibility criteria for a V visa?


In order to qualify for a V visa, applicants must meet the following criteria:

1. The applicant must be a foreign national who is the spouse or unmarried child of a U.S. citizen.

2. The applicant must have an approved immigrant petition (Form I-130 or I-360) on their behalf.

3. The applicant must have been waiting for an immigrant visa to become available in the family-based preference category for at least three years.

4. The applicant must not have a pending adjustment of status application (Form I-485).

6. How long does it take to receive a V visa?


The processing time for a V visa can vary depending on several factors, including the type of V visa and the country from which you are applying. Generally, it can take anywhere from three to six weeks to receive a V visa.

7. What is the cost of a V visa application?


The cost of a V visa application is $160.

8. What happens if my V visa application is denied?


If your V visa application is denied, you will receive a denial notice from USCIS explaining why the application was denied. Depending on the reason for denial, you may be able to appeal the decision or reapply for the visa.

9. Is it possible to extend the validity of my V visa?


Yes, it is possible to extend the validity of your V visa. Please contact the local immigration department or the Chinese embassy or consulate in your home country for specific application procedures.

10. Can I work while on a V visa?


Yes, you can work while on a V visa. However, you must obtain a separate work permit before engaging in any type of employment.

11. Can I travel outside the US with a V visa?


Yes, you can travel outside the US with a V visa.

12. Are there any health requirements for obtaining a V Visa?


Yes. Applicants for the V Visa must provide proof of a medical examination from a designated medical facility, which includes a tested negative result for HIV/AIDS, or a certification document from a designated medical facility that shows that the applicant has antibody tests for HIV/AIDS but the results are inconclusive or the test results cannot be obtained.

13. What is the process for applying for permanent residency (green card) after obtaining a V Visa?


Once a person has obtained a V visa, they may file an Application to Register Permanent Residence or Adjust Status (Form I-485). After submission, an application support center appointment will be scheduled for biometrics and to review the application and documents. The applicant must attend a green card interview and, if approved, will receive their permanent residency status (green card) within a few weeks.

14. How long can I stay in the US with a V visa?


The length of stay for a V visa is determined by the US Citizenship and Immigration Services (USCIS) and is based on the circumstances of each individual case. Generally, a V visa holder is allowed to remain in the US for up to six months. However, if the visa holder wishes to extend their stay beyond the six-month period, they must apply for an extension from USCIS.

15. Is there an age limit for applying for a V Visa?


Yes, there is an age limit for applying for a V Visa. To qualify for a V Visa, applicants must be under 21 years of age.

16. What is the difference between a V Visa and an F1 student visa?


A V visa is a nonimmigrant visa specifically for the spouses and children of U.S. permanent residents who are waiting for an immigrant visa number to become available. It allows the spouse and children of a green card holder to enter the United States to live and work until an immigrant visa number is available.

An F1 student visa is a nonimmigrant visa specifically for foreign students coming to the United States to pursue an academic program or language-training program. It allows the student to remain in the United States for the duration of their studies and permits them to work on campus with certain restrictions.

17. How do I renew my V Visa when it expires?


You will need to contact the local consulate of your home country in order to renew your V visa. Depending on the country, the specific requirements and process may vary.

18. Can I bring my family members with me to the US on a V Visa?


No, family members are not allowed to accompany a V visa holder to the United States.

19. Are there any restrictions on where I can live in the US while on a V Visa?


For those with V Visas, there are no restrictions on where you can live while in the US.

20. Are there any financial requirements for obtaining a V Visa?


Yes, there are financial requirements for obtaining a V Visa. The foreign national must demonstrate that they can support themselves financially without becoming a public charge. The V Visa holder must show proof of financial support through a combination of assets, current income, and/or a sponsor.